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2016 Supreme(Raj) 723

MOHAMMAD RAFIQ, VIJAY KUMAR VYAS
Jagdish Singh – Appellant
Versus
State of Rajasthan through the Public Prosecutor – Respondent


Advocates Appeared:
For the Appellant :Mr. Pradeep Chaudhary, Advocate.
For the Respondents:Mr. Anurag Sharma, Additional Advocate General and Mr. Ashwani Kumar Sharma, Advocate for National Investigation Agency.

ORDER :

1. This appeal under Section 21(4) of the National Investigation Agency Act, 2008, has been filed by appellant Jagdish Singh challenging order dated 21.01.2016 passed by learned Sessions Judge, Jaipur Metropolitan, Jaipur, by which his application for grant of bail under Section 439 of the Code of Criminal Procedure (for short, 'the Cr.P.C.'), has been rejected.

2. Accused-appellant was arrested in connection with investigation of F.I.R. No. 10/2015 registered against him and certain other accused on 30.12.2015 with Police Station C.I.D., Jaipur, for offence under Section 14/24 of the Atomic Energy Act, 1962, Section 379 of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act, 1984 (for short, 'the PDPP Act'). The F.I.R. was registered on the basis of a complaint submitted by Mr. Rama Kant Purohit, Regional Director of Atomic Minerals Directorate for Exploration and Research, Department of Atomic Energy, Jaipur. Allegation against appellant is that he was found in possession of large quantity of beryl ore, which, according to the Notification dated 18.01.2006 issued by the Atomic Energy Department, Mumbai, under Clauses (f) and (g) of sub-Sec













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